The road to a referendum has suffered a temporary blow after the High Court stopped the Independent Electoral and Boundaries Commission (IEBC) from facilitating and subjecting the country to a referendum pending the outcome of consolidated court cases on the BBI bill.
The order issued on Monday by a five-judge bench comprising Prof. Joel Ngugi, George Odunga, Jairus Ngaa, Janet Mulwa and Enock Mwita.
The petitions query the legality and procedures of the constitutional amendment bill 2020 sponsored by the BBI.
The Judges however declined to interfere with the legislative processes in the county assemblies and national parliament adding that the court has the power to intervene even at the tail end of the process if need be.
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At the same time, the court ruled its decision was aimed at preserving and preventing petitions from being rendered nugatory.
“Consequently, we hereby order that a conservatory order be and is hereby issued restraining the Independent Electoral and Boundaries Commission from facilitating and subjecting the Constitution (Amendment) Bill, 2020 to a referendum, or taking
any further action to advance the Constitution (Amendment) Petition E282 of 2020 (consolidated) Bill, 2020, pending the hearing and determination of these
Consolidated Petitions” the order reads.
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